Clarke v. TTC Insurance Co. |
2014 CarswellOnt 5216 |
Financial Services Commission of Ontario
Insurance | Automobile insurance | Extent of risk | Terms of art | "Accident"
Passenger was involved in fight on board bus which was insured by transit authority insurer — Passenger claimed that he fell backwards and that his toe struck underside of bus seat — Passenger claimed that this incident led to amputation of lower leg some months later — Passenger made claim to insurer — Insurer moved to dismiss claim on basis that passenger's injuries were not result of "accident" on bus — Insurer was successful on motion — Passenger appealed from dismissal of claim — Appeal dismissed — Arbitrator on motion properly examined issue of causation — Although incident took place on bus, use or operation of bus was not true cause of injuries — Bus was merely location for fight between passenger and other passenger — Assault was not normal risk caused by use or operation of bus — Passenger had not successfully linked his amputation to injuries from bus incident — Arbitrator reasonably found that this was more likely caused by pre-existing condition.